Emergency Hurricane Policies for Georgia Pharmacies

October 7, 2016

The Georgia State Board of Pharmacy has adopted the following policy for pharmacies and pharmacists to follow during declared periods of emergency. Please use these policies as your guidelines to ensure that our citizens and the evacuees in our state receive their necessary medications:

Public Emergencies

Section 1. Purpose and Scope

The primary purpose of this policy is to enable pharmacists and pharmacies to assist inthe management and containment of a public emergency or similar crisis within theconfines of a regulatory framework that serves to protect the welfare and health of thepublic. The Board will consider petitions for rule waivers or variances regarding recordkeeping,minimum physical area, and minimal equipment requirements related to thestate of emergency in the declared disaster areas and affected areas on an emergencybasis, pursuant to a written request in a manner consistent with the Board’s authorityunder state law and/or the Governor’s State of Emergency.

Section 2. Definitions.

For the purposes of this policy, the following definitions apply:(a) “Affected Areas” include areas covered by the state of emergency.(b) “Declared Disaster Areas” are areas designated by state or federal authoritiesas those that have been adversely affected by a natural or man-made disasterand require extraordinary measures to provide adequate, safe, and effectivehealth care for the affected population.(c) “Mobile Pharmacy” means a pharmacy that is self-propelled or movable byanother vehicle that is self-propelled.(d) “State of Emergency” means a governmental declaration issued by theGovernor of the State of Georgia or the President of the United States whichmay suspend certain normal functions of government, alert citizens to altertheir normal behaviors, and/or direct government agencies to implementemergency preparedness plans.(e) “Temporary Pharmacy Facility” means a facility established as a result of astate of emergency to temporarily provide pharmacy services within oradjacent to declared disaster areas.

Section 3. Emergency Refill Dispensing

(a) For the duration of the state of emergency issued in the affected area andconsistent with O.C.G.A. §26-4-80(j), a pharmacist may dispense a 72 hourrefill supply of a prescription drug repeatedly to a patient, but in total not morethan a thirty (30) day supply, without practitioner authorization if:(1) The refill is not for a controlled substance;(2) In the pharmacist’s professional judgment, the prescription drug isessential to the maintenance of the patient’s life or to the continuation oftherapy;(3) The pharmacist makes a good faith effort to reduce the information to aform that may be maintained for the time required by law or rule, indicatesit is an “emergency refill prescription,” and maintains the record asrequired by state and federal law and as required by state and federaldisaster agencies for consideration for possible reimbursement programsimplemented to ensure continued provision of care during a disaster oremergency;(4) The pharmacist informs the patient or the patient’s agent at the time ofdispensing that the prescription drug is being provided without thepractitioner’s authorization and that authorization of the practitioner isrequired for future refills; and(5) When emergency conditions permit, the pharmacist notifies thepractitioner that the refill occurred.

Section 4. Temporary Recognition of Non-Resident Licensure

(a) When a state of emergency is declared and consistent with O.C.G.A. §26-4-43:(1) A pharmacist not licensed in this state, but currently licensed in anotherstate, may obtain a temporary license to dispense prescription drugs inareas affected by the declared disaster during the time that the state ofemergency exists if:(i) The Board can verify current licensure in good standing of thepharmacist directly with the state or indirectly via a third-partyverification system; and(ii) The pharmacist is engaged in a documented relief effort.(2) A pharmacy technician or pharmacy intern not registered or licensed inthis State, but currently registered or licensed in another state, may assistthe pharmacist in dispensing prescription drugs in affected disaster areasduring the time that the state of emergency exists if:(i) The Board can verify current registration or licensure in goodstanding of the pharmacy technician or pharmacy intern directly withthe state or indirectly via a third-party verification system; and(ii) The pharmacy technician or pharmacy intern is engaged in adocumented relief effort.(b) The temporary recognition of non-resident pharmacist licensure and pharmacyintern licensure shall cease at end of the month following the third boardmeeting conducted after the issuance of such license and shall not be renewed.The temporary recognition of non-resident pharmacy technician registrationshall registration shall cease with the termination of the state of emergency.

Section 5. Temporary Pharmacy Facilities or Mobile Pharmacies

(a) Consistent with the authority in O.C.G.A. §26-4-110, and if necessary toprovide pharmacy services during a state of emergency, pharmacies located indeclared disaster areas and non-resident pharmacies may arrange totemporarily locate or relocate to a temporary pharmacy facility or mobilepharmacy if the temporary pharmacy facility or mobile pharmacy:(1) Is under the control and management of the pharmacist-in charge ordesignated supervising pharmacist;(2) Is located within the declared disaster area or affected areas;(3) Notifies the Board of its location, subject to approval by the Board inaccordance with (b);(4) Is properly secured to prevent theft and diversion of drugs;(5) Maintains records in accordance with laws and regulations of the state inwhich the disaster occurred; and(6) Ceases the provision of services with the termination of the state ofemergency, unless it is successfully licensed by the Board of Pharmacy inaccordance with the Georgia Pharmacy Practice Act and applicable rules.(b) The Board shall have the authority to approve or disapprove temporarypharmacy facilities and mobile pharmacies and shall make arrangements forappropriate monitoring and inspection of the temporary pharmacy facilities andmobile pharmacies on a case-by-case basis. Approval of temporary pharmacyfacilities and mobile pharmacies will be based on the need, type, and scope ofthe state of emergency, as well as the ability of the temporary pharmacyfacilities or mobile pharmacies to comply with state and federal drug law.(c) A temporary pharmacy facility wishing to permanently operate at its temporarysite must be licensed by the Board in accordance with the Georgia PharmacyPractice Act and applicable Board rules.(d) Mobile pharmacies, placed in operation during a state of emergency, may notoperate permanently, unless approved by the Board.